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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Charge on Property - Divorce

4 replies

CurlyDD · 16/05/2018 11:08

Hello
I got divorced around 14 years ago. My daughter is now a young adult.
There was a charge placed on my property at the time of the divorce for 35%.
I have recently re-mortgaged my house and the deeds were change at the land registry to show my maiden name as I have been using this for several years. It was discovered that the charge has never been 'registered' with the Land Registry.
Is there an expiry date on a court order of a charge on property? Does it expire after a certain amount of years?

My ex husband has never mentioned the charge to me in discussion, but I am thinking of moving and need to consider this amount when looking at buying a new property.
Any advice would be gratefully received. Thank you

OP posts:
Highhorse1981 · 16/05/2018 11:10

Do you mean your ex was entitled to 35% when you sold?

Highhorse1981 · 16/05/2018 11:10

Won’t it all be detailed in the financial consent order?

MarieG10 · 16/05/2018 13:24

The charge may not have been registered, but it is an amount that you owe (presumably him) at a date or child ages which will be detailed in the consent order. If you don't know, then you need to review what the settlement was at the time. Usually the party holding the charge will be entitled to the money once the youngest child reaches 18

If you move house and are liable to pay the charge, you do risk him taking court proceedings to recover the money so will be a real risk. He may not have mentioned it, but he won't have forgotten and suspect he doesn't mention it to cause problems

CurlyDD · 16/05/2018 13:56

Thank you for your help. My daughter is now 22. The charge is for him to receive 35% though I am not sure if that is of the current selling price or the purchase price of the property when I moved in. I will have to look into it further. I have renovated the house considerably since moving in at a fair cost and it seems unfair to have to pay 35% of this as well. I just wondered as it hadn't come up in the registry search, if it expired after a certain amount of time or was still legally binding.

Once again, thank you very much for your help. Smile

OP posts:
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